Health Care Benefits: Hawaii

Federal law and guidance on this subject should be reviewed together with this section.

Author: Anna Elento-Sneed, Alston Hunt Floyd & Ing

Summary

• Hawaii requires employers to provide employer-paid, comprehensive medical care benefits to employees. The state law is exempt from preemption by the Employee Retirement Income Security Act. See Prepaid Health Care Act.
• The Hawaii Prepaid Health Care Act is administered and enforced by the Disability Compensation Division of the Hawaii Department of Labor and Industrial Relations. See Prepaid Health Care Act and Enforcement.
• Employees must meet certain requirements to be eligible for coverage. See Coverage for Employees.
• Employers may be required to pay a portion of dependent coverage for certain types of plans. See Coverage for Eligible Dependents of Employees.
• Employers may be required to continue coverage and payment of premiums for a limited period of time for employees who are unable to work due to hospitalization or sickness. See Continued Coverage for Employees Unable to Work.
• Employers must purchase health care coverage from pre-approved plans or obtain approval for plans, including self-insured plans, from the Disability Compensation Division of the Hawaii Department of Labor and Industrial Relations. See Approved Plans.
• Hawaii regulates the minimum standards for coverage. See Mandatory Coverage.
• Employers must follow specified notice and disclosure requirements. See Notice and Disclosure Requirements.
• Employers must follow specified posting requirements. See Posting Requirements.
• Employers who violate Hawaii's Prepaid Health Care Act may be subject to significant penalties. See Enforcement.
• Hawaii initially chose to establish a state-based Marketplace under the Affordable Care Act, but then switched to a federally facilitated Marketplace. See Health Insurance Marketplaces Under the ACA.
• Hawaii has taken steps to preserve certain benefits made available under the Affordable Care Act. See Preserving ACA Benefits.
• Same-sex marriage is legal nationwide. Hawaii also recognizes civil unions. See Same-Sex Partner Benefits.